Today i went to get my 2 rear tires replaced and when i pick up my car, their workers appearently were checking out what i got under my hood when they were replacing my tires and he did not close my hood properly and as soon as i hit the highway the whole hood slams open into my wind shield and it crashes my roof + the hood is crushed. This happened in traffic going 100 a hour. But so then the tire shop admitted to me that they looked under the hood over the phone while i was reporting the case at the cops station. Also said that they wouldn't need to look under the hood because no work was done there, so they admitted it was their fault.

I am getting hold of my insurance tomorrow and the shop wants to check out the damage they caused. What do you guys think of this case? I basicaly need to repaint my whole car.... Will it get covered most likely? This is a weird case.

 

You shouldn't have to claim it. If it is their fault the shop should cover it 100%

 

Well since they admitted fault your going to need proof of that. Demand they pay for all damages to be repaired at a shop of YOUR choosing, not theirs. They get their buddy to fix it for cheap and it will come out that way. Otherwise threaten to take them to small claims court, and if you have a lawyer give him a call and see what he says about the situation. If your insurance is good it should cover it, however you'd be better off getting the shop to handle the bill since you may have to pay your deductible and you shouldn't have to. Plus the possible raising of your premium. The insurance company may go after the shop for the money, but it's hard to say.

Good Luck

 

Don't quote me on this since this is definitely out of my realm.

The way I see it. Your insurance company will pay for the repairs. They have the right of subrogation, which means they can pursue the shop for the monies they paid out to you. When there is a police report and a named person investigated or charged with respect to your damage then you will not have a deductible.

This is my understanding in Ontario anyway, I am not sure how things are in Alberta.

You didn't mention whether you told the police about the shop. You definitely should, as well as reporting the shop to the appropriate ministry.

I am glad to hear you were not injured. I had a hood pop open on me many years ago when I was test driving a 5.0 mustang. It was a very scary experience.

 

OP, how do u figure the whole car needs to be painted just from the hood folding over?
I wouldnt push your luck if the shop agrees to pay for the damage. They could just as soon tell u to go $*%*# yourself and blame it on a faulty hood latch or your negligence of not making sure the hood was properly closed.

 

My point as well. Just because they admitted fault, doesn't mean they will accept responsibility. Proff is not in a verbal telephone confession. And I would only expect them to repair the damage. However, there is the case of loss of vehicle and delay in getting parts. Get a hold of the owner, let him come view the vehicle and police report and have a witness (not a relative) for this viewing. This is a roll of the dice, I sure hope you come out a winner. Either way you get screwed, even if repairs are covered you'll be without your car for a period of time. Sorry about the luck dude!

 

i too have had a hood pop on me while driving, and everytime i open my FBs i kinda smile at the simple intelligence of havin em open the other way. a bit of a pain to work on certain parts as a result, but a small price to pay for the assurance its not gonna blind u. might cut your head off in an accident but youll see what you hit :P

 

LOL, never thought of that......

 

Wow... That had to of scared the living **** out of you. I couldn't even imagine.

 

OMG, that's really a weird case, like others said, since they admit the fault, make them pay everything, repaint the whole car and replace hood, etc...... but don't quote me on this!

 

I had a hood flip up on a Rabbit years ago. They were known for vague hood latch engagement. The damage to the vehicle was substantial. This can be terribly dangerous especially since the hood deforms and can remain upright. Glad you're OK....good luck with your dealings on this.

 

at the very least the shop should fix your car or pay the costs necessary to return it to normal condition.

 

Don't expect them to paint your whole car - their obligation is only to restore it to it's previous condition, not make it better. Of course, you may be able to work out with the body shop to paint the rest of the car at a reasonable price, since part of the prep is already covered in getting the hood and whatever else they might need to paint prepped and masked. Or if the roof needs painted, it might be too hard to blend the colour and spray into the rest of the body, in which case a complete paint might be part of the repair.

Of course, if they only need to paint the hood, that doesn't have to be done on the car, so then no other prep is covered.

 

im going to guess from my own experience that its gonna be more then just the hood that needs love. when my hood popped i had to throw myself at it to get it to close again, it wrecked the windshield, the hood was warped and wouldnt close right without a good jumping, the mounting points at the back were all fucked, hinges bent, all kinds of stuff suffered. have a good look at the hinges that hold the hood and where the corners of the hood nearest the windsceen would have travelled much too far. not sure how it is on a 7 but made a hell of a mess on a tempo when it over rotated.

 

Thats exactly what happen, i have a list of at least 30 things that need work on for like 4k

 

Well i just joined the club, mine was a hit and run victim. Witnesses got the wrong license # but the cops juggled some letters and figure they might know the right car. Pins and needles for now, no collision on my girl.

 

this just happened to a guy i work with, they wrote off his 2000 something mustang

 

Any follow up?

 

if they havent paid for it get a good lawyer an a friendly doctor/therapist...

"i cant even drive anymore, everytime i go over 15km/h i freak out and think the hood is going to fly opened. Alllllllll i ever wanted to do was be a race car driver and now i have to take ativan just to ride the bus without anxiety attacks. i was hoping i could get a job as a UPS driver because thats how i always DREAMED id become a racing legend, now my life is an empty hollow shell as i stare at my need for speed video game collection and sweat at the thought of trying to play."

if u can sue McDonalds for servin hot coffee this has at least a 50/50 shot

 

McDonalds won the counter suite.. she owed Her own court fees and that of McDonalds in the end!

 

And this isn't the US where frivolous lawsuits run rampant. I'm sure we have our share, but it's not nearly as bad.

 

damn i saw the car, unfortunately looks about exactly as i thought it would. all i did was look at it and i feel traumatized